Kerry Shepherd

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Kerry Shepherd is a true Renaissance man. He litigates a wide variety of complex cases, for which he has earned distinguished honors from prestigious legal organizations; the confidence and admiration of his clients; and the respect of judges and juries, all while ably fulfilling his responsibilities as Markowitz Herbold PC’s Managing Shareholder.

Kerry successfully tried and defeated a $70 million securities fraud case for an investment management company in AAA arbitration. He has also successfully prosecuted multi-million dollar securities fraud cases for plaintiffs in courts throughout the Pacific Northwest.

Many cities have hired Kerry when facing off against Fortune 50 companies who fail to live up to their promises and representations. One example is a $100 million fraud and contract case for a small municipality against one of the world’s largest beverage and bottle manufacturers when it reneged on an agreement to build new facilities in the community. Kerry has also represented cities from Oregon to Illinois in cases arising from wastewater treatment technologies that did not live up to the manufacturer's and engineer’s warranties and representations, leaving the cities and their public works staff with unmanageable waste treatment problems.

With a straight-shooter approach, Kerry approaches his cases with a pragmatism that encourages economy and results. He is adept at finding solutions to challenging problems. His clients say that he is a remarkably gifted lawyer who helps them navigate the risks of high-stakes legal disputes.

Kerry has more than 28 years of experience prosecuting and defending lawsuits throughout Oregon and Washington. Financial institutions hire Kerry to handle their most important cases, as well. One example, which was tried successfully to a jury verdict, was a $5 million lender liability case arising from embezzlement through online banking practices.

Kerry also tries cases enforcing rights and responsibilities associated with corporate management, including prosecuting and defending derivative claims, company dissolutions, minority oppression, and intentional interference with economic relations, to name a few. Kerry’s successful outcomes include punitive damages against company managers for conversion and breach of fiduciary duty.

Kerry is an AV® Peer Review rated attorney by Martindale-Hubbell, the highest rating an attorney can obtain. Additionally, he is recognized as a top Oregon lawyer in the prestigious Chambers USA Guide to America’s Leading Lawyers for Business and The Best Lawyers in America for Commercial Litigation. Since 2010, Kerry has been recognized as a Super Lawyer by Oregon Super Lawyers magazine, a listing that is awarded to less than five percent of Oregon attorneys.

Kerry graduated magna cum laude from Willamette University College of Law, where he served as the editor-in-chief of the Willamette Law Review. Kerry joined Markowitz Herbold PC in 1999, and has been a partner with the firm since 2000.

Born, raised and educated in Oregon, Kerry’s roots in the Pacific NW and his commitment to the area run deep. Kerry is an avid outdoorsman who enjoys the wealth of Oregon’s abundance. He currently serves on the board of the Oregon Wildlife Foundation, which strives to empower the lasting conservation of fish and wildlife, and citizen enjoyment of Oregon’s natural resources.

Rentrak Corporation v. Hollywood Entertainment Corporation

Represented Hollywood Entertainment against claims for $225 million in damages for breach of revenue sharing agreement for distribution of video cassettes. Hollywood counterclaimed for discrepancies in accounting and antitrust violations. Settled during second week of trial.

DG Cogen Partners, LLC et al. v. Large Regional Law Firm

Markowitz Herbold successfully defeated all legal malpractice claims against its client in the United States District Court for the District of Oregon. Plaintiff alleged that it suffered $60 million in damages when an arbitrator enforced an oral, unsigned settlement agreement which led to the dismissal of Lanham Act, warranty, contract, and tort claims in California. Judge Hernandez dismissed the legal malpractice claim with prejudice on all counts, ruling that the claims had no merit because plaintiff could not prove causation as a matter of law.

Leslee Scallon, et al. v. Henry Enterprises, Inc.

Represented a small, family-owned ranch and vineyard in Southern Oregon. Minority owners of the closely-held company brought shareholder derivative claims against the company and some of the majority shareholders. The majority members exercised their statutory right to buy out the plaintiffs' shares in the company. The trial court concluded that the statutory buy-out remedy did not apply in shareholder derivative suits. We obtained a reversal of that ruling in the Ninth Circuit Court of Appeals, which held that the statutory buy-out remedy applies in both direct shareholder suits and derivative shareholder suits.

Portland General Electric v. City of Portland, et al.

Represented electric utility in petition for writ of review of City of Portland's subpoena and declaratory relief action over the constitutionality of City's authority to regulate rates under ORS 221.420(2)(c). Settled case.

Represented an airpark board member in a complex real estate dispute involving the easement rights to, and governance over, a private residential airplane landing strip in Clackamas County, Oregon. The lawsuit involved a homeowners’ association and allegations of fraud, breach of contract, breach of fiduciary duties, as well as shareholder derivative claims, injunctive relief, and the cancellation of recorded instruments. The case was favorably settled following mediation.

Represented Hollywood Entertainment against multi-million dollar claims for damages for breach of revenue sharing agreement for distribution of videocassettes. Hollywood counterclaimed for discrepancies in accounting and antitrust violations. Settled during second week of trial.

City of Albany v. Pepsi Co/SVC Manufacturing, Inc.

Represented the City of Albany against a wholly-owned subsidiary of PepsiCo, SVC Manufacturing. PepsiCo contracted to build a $250 million Gatorade and Propel manufacturing facility in Albany, but reneged on the deal. Markowitz Herbold filed a breach of contract suit on behalf of the City to establish PepsiCo's liability and sought liquidated and expectancy damages arising from lost jobs, water and sewer revenue, franchise fees, infrastructure grants and revenues, taxes and related losses. The City prevailed on multiple summary judgment and discovery motions, followed by a successful settlement exceeding $25 million.

Mukesh R. Patel, et al. v. Alkesh Patel, et al.

Represented Oregon LLC in a dispute with prior manager-member. Successfully obtained dismissal of counterclaims for oppression, dissolution and breach of contract. Prevailed in two-week jury trial on claims for conversion and breach of fiduciary duty, resulting in award of punitive damages and expulsion of manager-member. (Appeal pending.)

City of Albany v. Wastewater Treatment Equipment Manufacturer

Represented the City of Albany against the manufacturer of equipment that was represented and warranted to virtually eliminate biosolids / sludge typically produced by wastewater treatment facilities. The matter was settled through mediation, and without commencing litigation, for $4.75 million.

Defended investment advisor against securities fraud claims for $57 million plus punitive damages. Successfully moved court to compel arbitration before the AAA. Tried case to judgment and prevailed on the merits of each claim. Obtained award against plaintiff for more than $1.7 million in costs and attorney's fees for the defendants.

Represented Oregon Mutual Insurance Company (OMI) in a securities fraud case against New York-based registered investment advisor and broker dealer. The investment advisor and broker dealer purchased a portfolio of preferred utility stocks on OMI's account and traded stocks in and out of the portfolio for a period of time. The advisor and broker dealer failed to disclose that the trades were not being reported to the open market and that the purchase prices were substantially higher than reasonable market prices at the time. The matters were successfully resolved with mediation and OMI was made whole for losses to the portfolio.

Markowitz Herbold attorney Kerry Shepherd will be part of a panel discussing the minimum billable hour requirement (MBHR) as a tool for evaluating and compensating attorneys, and alternatives to the MBHR.